Atwater v. City of Lago Vista

Supreme Court of the United States · 2001 · Criminal Procedure

532 U.S. 318 (2001)

Updated July 27, 2026

Criminal ProcedureFourth AmendmentWarrantless ArrestsProbable Causewarrantless arrestcustodial arrestmisdemeanorfine-only offense

Facts

Texas law made seatbelt violations misdemeanors punishable only by a fine and expressly authorized a peace officer to arrest without warrant a person found committing such a violation. Officer Turek stopped Gail Atwater after observing that neither she nor her two young children in the front seat were wearing seatbelts. He handcuffed her, took her to the police station, booked her, and placed her in a jail cell for about an hour before she was taken before a magistrate and released on bond. Atwater later pleaded no contest to the seatbelt offenses and paid a $50 fine, then brought this § 1983 action claiming the arrest was an unreasonable seizure under the Fourth Amendment.

Issue

Does the Fourth Amendment forbid a warrantless custodial arrest for a very minor criminal offense, such as a misdemeanor seatbelt violation punishable only by a fine, when the officer has probable cause and the offense is committed in the officer's presence?

Rule

If an officer has probable cause to believe that an individual has committed even a very minor criminal offense in the officer's presence, the officer may arrest the offender without violating the Fourth Amendment. The Fourth Amendment does not require a case-by-case balancing of costs and benefits or a showing that custodial arrest was necessary, absent an arrest conducted in an extraordinary manner unusually harmful to privacy or physical interests.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Tulsa, Officer Nora Kim sees Devin Price toss a soda can onto a public sidewalk. A city ordinance makes littering a criminal misdemeanor punishable only by a $75 fine. Nora handcuffs Devin, takes him to the station for booking, and releases him an hour later.

If Devin sues claiming the arrest violated the Fourth Amendment solely because the offense was minor and fine-only, what is the strongest answer?

Explanation. The majority adopted a clear rule: if an officer has probable cause to believe a person committed even a very minor criminal offense in the officer's presence, a warrantless custodial arrest is reasonable under the Fourth Amendment. The Court rejected a constitutional rule requiring a case-by-case balancing of necessity, citation adequacy, jailable status, or breach of the peace.